• Rights of a working wife

I am married since June 2007 (but without any marriage registration; although have Passport with husbands name). I have a 5 year old daughter and I want a divorce due to multiple issues with my husband (addicted to alcohol, mental harassment etc).

If my husbands salary is close to double mine and there are 2 different properties in his mother's and father's name (which he and his sister may inherit) what can I expect as the legally due support in terms of: 1. Maintenance for myself 2. Maintenance & education of my child 3. Right over the property he will inherit

What should be my approach to get my dues legally.
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu

1)since you are highly qualified and working you wont get any maintenance 

2) however you can seek maintenance for your child 

3)property which your husband would inherit would be his self acquired property .

4) you dont have any rights on such property 

5) if your husband dies intestate ie without a will you and your daughter would be the legal heirs . 

6) after divorce you will not inherit any property of your husband if he dies intestate 

Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
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1. You are not entitled to maintenance for your self though your child is entitled for the same.
2. You have no right of share in the property of your husband. However if the same is ancestral property of your father in law then the child has share in it but he has no such rights on his grandmother'a property.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) file domestic violence case against your husband and seek right to stay in matrimonial home or alternative accommodation and maintenance for the child 

2) as father he is bound to shoulder responsibility of maintenance of the child 

3) in DV case you can seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
1. You can file case under pwdv act wherein you can seek maintenance for the child and lump sum payment towards compensation for the tortures perpetrated upon you.
2. Rests are already advised above.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. The right to maintenance exists in favour of a wife who does not have sufficient income of her own to support herself. If the salary of the husband is twice as that of wife the wife is entitled to enjoy the same lifestyle as her husband.

2. Under the present Indian law the wife has no share in the property of her husband much less in-laws. So it is legally immaterial what is the property held by him or his parents.

3. Child support is the joint responsibility of both parents. The shared legal obligation can be enforced by you by filing a case for maintenance on behalf of your son in the court. 

4. You can also file a case for domestic violence to claim compensation for the domestic violence which you have suffered. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you are not eligible for any maintenance as you are educated and working. 
2) your child is eligible and you may file a case for maintenance of the child. 
3) you have no rights on the property that your husband inherits from his father. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Normally, you are not entitled to any maintenance from your husband since you are employed and is capable of maintaining yourself,

2. In the best case scenario, if your lawyer can successfully argue, you can expect the amount to bridge the gap between your income and the amount required to maintain yourself as per his standard of living,

3. Your child will get maintenance from him,

4. You will have no right on his property during his lifetime.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
1. As of now you can get maintenance for your child,

2. You can certainly claim alimony/compensation in the divorce petition to be filed by you which is likely to be granted by the Court if presented properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
I am married since June 2007 (but without any marriage registration; although have Passport with husbands name). I have a 5 year old daughter and I want a divorce due to multiple issues with my husband (addicted to alcohol, mental harassment etc).

For proving your marriage, the marriage certificate is not essential.  You can establish your marriage by producing marriage invitation card, joint photograph, your passport containing your husband's name, ration containing your name while he being head of the family, few other documents wherein his name as mentioned as husband in them.




If my husbands salary is close to double mine and there are 2 different properties in his mother's and father's name (which he and his sister may inherit) what can I expect as the legally due support in terms of: 1. Maintenance for myself 2. Maintenance & education of my child 3. Right over the property he will inherit.What should be my approach to get my dues legally.

Basically the rule is that you cannot claim maintenance if you are employed and drawing a good salary.  However, to maintain an equal status you can claim maintenance from your husband for yourself. Please note that it becomes the duty of the father to pay maintenance amount to the child.  But you have no right to claim a share in his property inherited from his father or self acquired during his life time.  If it was a share from the ancestral property, your child may be entitled to a share out of her  father's share in the property. "Interim maintenance is also awarded to ensure that during the pendency of the proceedings, the wife is able to maintain the same standard of living which she was used to, in her matrimonial house because of the earning of the husband," it said.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
What are my legal rights as a wife in the entire situation? 

Even a working wife is entitled to maintenance from her estranged husband irrespective of differences in their earnings, a Delhi court has said. The court also rejected the contention of a man that only a woman who is on the verge of starvation and destitution, is entitled for interim maintenance.  It said the amount of maintenance should be such that the wife is able to live in "reasonable comfort" considering her "status and lifestyle" she had while living with her husband.



How should I approach this case, so that I am compensated for all the financial losses of past and can safeguard myself from the risks of the future.
Delhi court made the observations while deciding a woman's plea seeking interim maintenance from her estranged husband in a domestic violence case alleging that she was treated with verbal abuses and emotional violence in various ways since her marriage. It also held that prima facie it was satisfied that the woman was treated with cruelty at her matrimonial home and deserved to be maintained by her husband. The court awarded Rs 35,000 monthly interim maintenance to the wife.
Therefore you can file a petition seeking maintenance for yourself as well as for the child and also for the child's education and medical expenses.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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